The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1887-07-07

sHiaM Miner q NJ, 1pr1nShH W. Fnntalne
II ]. Whisa Appepse-vg1lso6 eouity. h'a
kAx8ys J.:,lNs :, esi.aS hstAstsq s59 Y@s
IA The ssfyeyi asssAly blade By The United
Ssatee Hovernmene and -sdoprdi.e to which 1t
- ~ sne ~ ioe.p. Z, Sssxssa parties to 40
h q AuAkessties as,tss the tfltcs Of surveys by
the General 0ovesSmeneo ffite aDusin where sale
sasssol has been nsaes cccfdeg 70 ssch surveys
Q. Where The vsrdic, Is no, supported BY the
testimony, bat con'rry 70 II, . new trix should
r E.u.es. vn..'oN' ~ ''7'' ''.f ,' s'@
Ms5w.n q M.lleTy, Tor Appellaq,s; y Daniel
Campbell, for 'kppcllee. T. 2 \
H PaSra, Appellaat, w w.F&J E Creary ct
o.. Acknowledgements codntt,
RAKEY. j.: Il y - sfs.....s....' = s.,
I. The purpose OF ihe claim statute, b TO pro-
vide summary remedy tUr . stranger % an ex-
execution taken es one Of the wrils to which it
srpaiesl whe chains title I'd property levied on.
| TO have. the question Of'the superiority of his
alleged title. over the RICH, of the plaintiff in
execution 10 subject the cAattel TO the satisfaci
tton Of HIS execution, settled, and recover pos
session of the chaltel if his little is found supe
rior. :. .'' ~
2. "A claimant, under The. claim, statute, Of
properly upon which ap execution against an
Other person has been levied cannot upon the
trial OF the claimissue ohjec, ID the legality Or
lrregularity of the execution. These are qnes-
tons for the defendant in execution to raise by
direct proceeding, and the claim Statute vas
never intended to give a remedy against illegal
or irregular executions.
3. The right of property" or issue &c be
tried under the claim statute Is an issue of supe-
riorty MS between the right of the plaintiff in
execution 10 subject the chatte TO The sarisfac
tinn OF his writ, and the claimants title, MS
rirhf nr in thnr rH,.kk do
OF the liability of the property to the PLAINTIFF
execution rs against the claimants title, if he has
any. Ii IS not A mere question az to whom rhe
legal title and Possession OF the chatte was in
Al the time OF the levy of the execution.
4. The proceedings for The enforcement .ot'
liens on buildings, mills machinery, g.. and on
steamboats, and vessels in their home ports. un
der The ACT of 1868 as amended in 1877 Chap
tiers 1882, 3O42, Noes. Dig. 72l. 723) are at Lao
! 5. Suit was brought against d. & r. Piaggio
10 enforce their claim and lien trrlabor and mt,
terals furnished tor the repair of the steam tug
boat Jumbo, and judgment was rendered re-
citing that " evidence and lien proof" WAS
introduced, and adjudging that the plaintiffs
have and recover of and from said defendants
1896 20; and it was also "adjudged and directed
by the c,ur that The steam tug boar Jumbo be
sold for The satisfaction OF the lieu of the plain.
tffS,' to satisfy The said amount of two hundred
! and sixty-sx dollars and seventy cents and the
cast OF this proceeding" Held: That the judg.
mrni sufficiently asceFtained and declared Il lien.
6. An execution issued on this. Judgment d..
rrcted to all and singular tue Sheriffs of the
! State, and commanding that of the goods and
chattels. lands and tenemen's of D. & r Paggio
to be neHte ont of the sale ct the steam tug boat
Jumb"" they cause 10 be made the said sum,
which said Nv. F, 4 j. F. Creary lately, on
December 10, 1884 Che date Of the judgmenr,
recovered" 1t propcrlv describes the court, and
is otherwise like the ordinary f. fd. under the
statutes of this State.
! Held.' That upon claim proceeding insti-
/ tinted by Banrs 10 recover the said tng-boat
Jumbo. he could not question the sufficirncy of
euch execution 10 en"rce the lien adjudged
against said iug-boat. 49,.
! Affirmed
! j. G. Avery, for Appellant; c. Parkhill, Tor
Appellee.